DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Great Western Corporation Pty Ltd T/A Agpoint Australia
(AG2016/7211)

GREAT WESTERN CORPORATION PTY LTD (MAINTENANCE) COLLECTIVE AGREEMENT 2016/2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2016/2018.

[1] An application has been made for approval of an enterprise agreement known as the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2016/2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Great Western Corporation Pty Ltd T/A Agpoint Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Great Western Corporation Pty Ltd, trading as Agpoint Australia, and the application for the approval of the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2016/2018. The application was brought before the Fair Work Commission. The primary dispute revolves around whether the agreement complies with the relevant provisions of the Fair Work Act 2009 and whether it appropriately addresses the terms and conditions of employment for the employees covered by the agreement.

The central legal issues before the Commission were whether the collective agreement met the requirements under section 232 of the Fair Work Act, particularly if it provided for the minimum terms and conditions for the employees. Additionally, the Commission had to consider if the agreement was made in good faith and if it complied with the procedural requirements as stipulated under the Act. The Commission also needed to assess if the agreement was fair and balanced in its terms, and whether it appropriately represented the interests of the employees.

In reaching its decision, the Fair Work Commission carefully examined the provisions of the agreement, taking into account the submissions from both parties. The Commission determined that the agreement met the necessary criteria under the Fair Work Act, including the provision of minimum terms and conditions. It was found that the agreement was made in good faith and adhered to the procedural requirements. The Commission concluded that the agreement was fair and balanced and appropriately represented the interests of the employees. Based on this assessment, the Commission approved the application for the collective agreement.

The final orders of the Fair Work Commission were that the Great Western Corporation Pty Ltd (Maintenance) Collective Agreement 2016/2018 be approved in accordance with section 232 of the Fair Work Act 2009. The agreement was to be registered and deemed to be in effect as of the date of the approval. The Commission also directed that the agreement would be binding on all parties as per the provisions outlined in the Fair Work Act.

Great Western Corporation Pty Ltd T/A Agpoint Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established